Abandonment
When one spouse voluntarily leaves the marriage and the marital home without the consent of the other spouse and without justification. In some states, abandonment can be used as grounds for a fault-based divorce.
Divorce Glossary: 70 Terms Explained in Plain English
Reviewed by Richard Perque, Family Law Attorney | Published July 25, 2026 | Last updated July 25, 2026
Divorce comes with a vocabulary nobody teaches you until you need it. Here are the terms you'll actually encounter in filings, court orders, and conversations with your attorney, defined the way a person would explain them, not the way a statute would.
A
Alimony
Court-ordered financial support paid by one spouse to the other after separation or divorce. Also known as spousal support or maintenance, alimony is designed to limit any unfair economic effects of divorce, especially for a spouse who did not work during the marriage.
Annulment
A legal declaration that a marriage was never valid. Unlike divorce, which ends a valid marriage, an annulment treats the marriage as though it never legally existed. Grounds for annulment include fraud, bigamy, or lack of mental capacity at the time of the marriage.
Asset Division
The legal process of dividing marital property and debts between spouses during divorce. How assets are divided depends on whether the state follows community property or equitable distribution laws.
Attorney Ad Litem
A court-appointed attorney who represents the legal interests of a child in custody or divorce proceedings. Unlike a guardian ad litem, an attorney ad litem advocates for the child's stated wishes rather than their best interests.
B
Bench Trial
A trial where a judge, rather than a jury, hears the evidence and makes the final decision. Most divorce cases are bench trials because family law matters are decided by a judge.
Best Interests of the Child
The legal standard courts use when making decisions about child custody and visitation. Factors considered include the child's relationship with each parent, the child's adjustment to home and school, each parent's mental and physical health, and the child's own wishes depending on their age.
Bigamy
The act of entering into a marriage while already legally married to another person. Bigamy is illegal in the United States and can be grounds for annulment of the second marriage.
Bird Nesting
A custody arrangement where the children remain in the family home and the parents take turns living there. This arrangement minimizes disruption for children by keeping them in a stable environment while the parents alternate residences.
C
Child Support
Regular payments made by one parent to the other to help cover the costs of raising a child after separation or divorce. Child support amounts are typically calculated using state guidelines that consider each parent's income and the amount of time the child spends with each parent.
Cohabitation
Living together in an intimate relationship without being legally married. In some states, proof that an alimony recipient is cohabiting with a new partner can be grounds to reduce or terminate spousal support payments.
Collaborative Divorce
A process in which both spouses and their attorneys agree to resolve divorce issues through negotiation rather than litigation. Each party retains a specially trained collaborative attorney, and if the process breaks down, both attorneys must withdraw and the parties must hire new counsel for court proceedings.
Community Property
A system used in nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) where most assets and debts acquired during the marriage are considered jointly owned and are typically divided 50/50 in a divorce.
Contempt of Court
Willful disobedience of a court order. In divorce cases, a spouse may be held in contempt for failing to pay court-ordered support, refusing to comply with custody orders, or not following other terms of a divorce decree. Penalties can include fines or jail time.
Contested Divorce
A divorce in which the spouses cannot agree on one or more key issues — such as property division, alimony, child custody, or child support — requiring a judge to make the final decisions after a trial.
Custody
Legal authority over and responsibility for a child. Custody can be physical (where the child lives) or legal (who makes major decisions for the child). It can also be sole (one parent) or joint (both parents sharing responsibilities).
D
Decree
The final court order that formally ends a marriage and outlines the terms of the divorce, including how property is divided, custody arrangements, and support obligations. Also called a divorce decree or judgment of dissolution.
Default Judgment
A ruling granted to one party when the other party fails to respond to a divorce petition or appear in court. The court may grant the petitioner's requests by default if the respondent does not participate in the proceedings.
Deposition
Sworn out-of-court testimony given by a party or witness and recorded for use as evidence during divorce proceedings. Depositions are part of the discovery process and allow attorneys to gather information before trial.
Discovery
The pre-trial process through which both parties exchange relevant information and documents. In divorce cases, discovery is used to uncover financial information, assets, debts, and other evidence. Common discovery tools include depositions, interrogatories, and subpoenas.
Dissolution of Marriage
The legal term used in many states to describe divorce. A dissolution of marriage legally ends the marital relationship and may address property division, spousal support, and child-related matters.
Divorce Coach
A trained professional who provides emotional support, practical guidance, and strategic advice to individuals going through divorce. Unlike attorneys, divorce coaches focus on helping clients manage the emotional challenges of divorce, make informed decisions, and move forward constructively. They are often used alongside legal counsel.
Docket
The official court record of all proceedings and filings in a case. A docket number is assigned to each case and used to track its progress through the court system.
Domestic Violence
A pattern of abusive behavior used by one partner to gain or maintain power and control over another in an intimate relationship. Domestic violence can be physical, emotional, sexual, or financial. It is a critical factor courts consider when making custody and visitation decisions.
Dual Representation
When a single attorney represents both spouses in a divorce. This is generally considered a conflict of interest and is prohibited or strictly regulated in most states, as each spouse's interests are typically adverse to the other's.
E
Emancipation
The legal process by which a minor child is released from the care and control of their parents before reaching the age of majority. Emancipation typically ends a parent's obligation to pay child support.
Equitable Distribution
A method of dividing marital assets and debts fairly, though not necessarily equally, based on various factors including the length of the marriage, each spouse's financial situation, and contributions to the marriage. Most states follow equitable distribution laws.
Ex Parte
A legal proceeding or communication involving only one party without the other being present or notified. In divorce cases, ex parte orders are typically emergency orders, such as a temporary restraining order, granted before the other spouse has a chance to respond.
F
Family Law
The area of law that deals with family-related matters such as divorce, legal separation, child custody, child support, alimony, adoption, and domestic violence. Family law cases are typically handled in state courts.
Fault Divorce
A divorce in which one spouse alleges that the other is responsible for the breakdown of the marriage. Common fault grounds include adultery, abandonment, cruelty, and substance abuse. Some states still allow fault-based divorces, which can affect property division and alimony.
Filing Fee
The court fee required to initiate a divorce case by filing a petition. Filing fees vary by state and county, and low-income individuals may be able to apply for a fee waiver.
Financial Affidavit
A sworn document that details a party's income, expenses, assets, and debts. Financial affidavits are required in most divorce cases and are used to determine alimony, child support, and property division.
G
Grounds for Divorce
The legally acceptable reasons a court will accept as justification for granting a divorce. All states now offer no-fault divorce, but some states also allow fault-based grounds such as adultery, cruelty, or abandonment.
Guardian Ad Litem
A court-appointed advocate, often an attorney or social worker, who represents the best interests of a child in divorce or custody proceedings. The guardian ad litem investigates the family situation and makes recommendations to the court about custody and visitation arrangements.
H
Hearing
A legal proceeding before a judge where evidence is presented and arguments are made regarding a specific issue in a divorce case. Hearings may be held for temporary orders, motions, or other matters that arise during the divorce process.
High-Conflict Divorce
A divorce characterized by ongoing disputes, hostility, and an inability of the parties to communicate or cooperate. High-conflict divorces often involve contested custody battles and may require the involvement of mental health professionals or parenting coordinators.
I
Imputed Income
Income attributed to a spouse by the court based on their earning capacity rather than their actual earnings. Courts may impute income when they believe a spouse is voluntarily unemployed or underemployed in order to reduce their support obligations.
Irreconcilable Differences
A no-fault grounds for divorce used in most states, indicating that the marriage has broken down irreparably with no reasonable possibility of reconciliation. Neither spouse is required to prove wrongdoing by the other.
J
Joint Custody
An arrangement where both parents share legal and/or physical custody of their child. Joint legal custody means both parents share decision-making authority; joint physical custody means the child spends significant time living with both parents.
Jurisdiction
The legal authority of a court to hear and decide a case. For divorce, jurisdiction is typically determined by where the spouses live. Most states require at least one spouse to have lived in the state for a minimum period before filing for divorce there.
L
Legal Separation
A court-recognized status where spouses live apart and have legally divided their assets and responsibilities without formally ending the marriage. Some couples choose legal separation for religious reasons or to maintain health insurance benefits.
Lump-Sum Alimony
A one-time spousal support payment made in full rather than in periodic installments. Lump-sum alimony is non-modifiable and does not terminate upon the recipient's remarriage or death in most states.
M
Marital Property
Assets and debts acquired by either spouse during the marriage, which are generally subject to division in a divorce. Marital property is distinguished from separate property, which is owned by one spouse alone.
Mediation
A voluntary, confidential dispute resolution process in which a neutral third party (the mediator) helps divorcing spouses communicate and reach a mutually acceptable agreement. Mediation is generally less expensive and adversarial than going to trial.
Motion
A formal written request asking the court to take a specific action in a case. Common motions in divorce cases include motions for temporary orders, motions to compel discovery, and motions to modify support.
N
No-Fault Divorce
A divorce granted without requiring proof of wrongdoing by either spouse. All 50 states now offer some form of no-fault divorce, typically on grounds of irreconcilable differences or irretrievable breakdown of the marriage.
Noncustodial Parent
The parent with whom a child does not primarily reside following a divorce or separation. The noncustodial parent typically has visitation rights and is often required to pay child support.
O
Order of Protection
A court order also known as a restraining order that requires one person to refrain from contacting or coming near another person. In divorce cases, orders of protection are often sought by victims of domestic violence and can affect custody and visitation arrangements.
Order to Show Cause
A court order requiring a party to appear before the court and explain why a certain action should or should not be taken. In divorce proceedings, it is often used to address emergency situations or violations of existing court orders.
P
Parental Alienation
A pattern of behavior by one parent that undermines the child's relationship with the other parent. Courts take parental alienation seriously and it can negatively impact custody decisions for the alienating parent.
Parenting Coordinator
A neutral professional, typically a mental health professional or attorney, appointed by the court to help high-conflict parents resolve parenting disputes outside of court. Parenting coordinators can make binding decisions on day-to-day parenting issues in some states.
Parenting Plan
A written agreement or court order that outlines how divorced or separated parents will raise their child, including custody schedules, holiday arrangements, decision-making responsibilities, and dispute resolution methods.
Petition
The formal legal document filed with the court to initiate a divorce proceeding. The person who files is called the petitioner; the other spouse is called the respondent. The petition states the grounds for divorce and outlines the relief sought.
Physical Custody
The right of a parent to have the child live with them. Physical custody determines where the child primarily resides and can be sole or joint. It is distinct from legal custody, which relates to decision-making authority.
Post-Nuptial Agreement
A written contract entered into by spouses after they are married that outlines how assets and debts will be divided in the event of divorce or death. Similar to a prenuptial agreement but executed during the marriage.
Prenuptial Agreement
A legal contract signed by two people before they get married that specifies how their assets and debts will be divided if the marriage ends in divorce or death. Also called a premarital agreement or "prenup," it can protect separate property and establish financial expectations.
Pro Se
A Latin term meaning "for oneself." A pro se litigant represents themselves in court without the assistance of an attorney. While legal in all states, self-representation in divorce cases carries significant risks, especially in contested matters.
Q
Qualified Domestic Relations Order (QDRO)
A court order that divides retirement plan benefits between divorcing spouses. A QDRO is required to divide employer-sponsored retirement accounts such as 401(k)s and pensions without triggering early withdrawal penalties or taxes at the time of the transfer.
R
Rehabilitative Alimony
Temporary spousal support paid for a defined period to allow the receiving spouse to become self-supporting, such as by obtaining education, job training, or work experience. It is the most common form of alimony awarded today.
Residency Requirement
The minimum period of time a spouse must have lived in a state before being eligible to file for divorce there. Residency requirements vary by state, typically ranging from six weeks to one year.
Respondent
The spouse who receives and must respond to the divorce petition filed by the petitioner. The respondent has an opportunity to file an answer agreeing or disagreeing with the terms outlined in the petition.
Restraining Order
A court order that prohibits a person from taking certain actions, such as contacting or coming near another person, disposing of marital assets, or removing children from the jurisdiction. Restraining orders can be temporary or permanent.
S
Separate Property
Assets owned by one spouse before the marriage, or received during the marriage as a gift or inheritance, that are not subject to division in a divorce. Separate property can become marital property through commingling or transmutation.
Service of Process
The official delivery of legal documents, such as a divorce petition and summons, to the other party in a lawsuit. Proper service of process is required to give the court jurisdiction over the respondent and must follow specific legal procedures.
Settlement Agreement
A legally binding contract that outlines the terms both spouses have agreed to in order to resolve their divorce, including property division, alimony, child custody, and child support. Once approved by the court, the settlement agreement becomes a court order.
Sole Custody
An arrangement where one parent has exclusive legal and/or physical custody of a child. The other parent may still have visitation rights. Courts typically award sole custody only when joint custody is determined to be harmful to the child.
Spousal Support
Financial support paid by one ex-spouse to the other following divorce. Also known as alimony or maintenance, spousal support is intended to reduce economic disparity between the spouses and can be temporary or permanent depending on the circumstances.
Subpoena
A legal order compelling a person to testify in court or to produce documents and other evidence. In divorce cases, subpoenas are commonly used during the discovery process to obtain financial records, tax returns, and other relevant information.
Summary Divorce
A simplified, expedited divorce process available in some states for couples who meet certain criteria, such as a short marriage, no children, minimal assets, and no significant debts. Also called a simplified divorce, it requires less paperwork and court involvement.
T
Temporary Orders
Court orders that govern the parties' rights and responsibilities during the divorce process, before a final decree is issued. Temporary orders can address issues such as child custody, spousal support, child support, and use of the marital home.
Transmutation
The process by which separate property is converted into marital property, or marital property is converted into separate property. This can happen through commingling funds, adding a spouse's name to a title, or through an agreement between the spouses.
Trial
A formal court proceeding in which a judge hears evidence and arguments from both sides and makes final decisions on contested issues in a divorce. Most divorce cases settle before going to trial, but a trial may be necessary in highly contested matters.
U
Uncontested Divorce
A divorce in which both spouses agree on all major issues — including property division, alimony, child custody, and child support — without requiring a court trial. Uncontested divorces are typically faster, less expensive, and less emotionally taxing than contested divorces.
V
Visitation
The right of a noncustodial parent to spend time with their child according to a court-approved schedule. Visitation can be unsupervised, supervised (with a third party present), or virtual (via phone or video call). Many courts now use the term "parenting time" instead of visitation.
W
Waiver
The voluntary relinquishment of a known legal right or claim. In divorce proceedings, spouses may waive certain rights, such as the right to a jury trial, the right to receive alimony, or the right to receive a share of a specific asset, typically as part of a settlement agreement.
Waste
The intentional dissipation, destruction, or misuse of marital assets by one spouse, often in anticipation of divorce. Courts may consider waste when dividing marital property and may award the innocent spouse a larger share of the remaining assets to compensate.
This glossary is general information, not legal advice. Definitions summarize how these terms typically work; the details vary by state. For questions about your case, consult a licensed attorney, or talk to a coach about how to prepare for that conversation.
